Proposal to collect more than 510 billion VND at Gamuda Land Project

Proposal to collect more than 510 billion VND at Gamuda Land Project

The Government inspector has reported the results of the inspection and verification of petitions from Gamuda Land Joint stock company in Tan Phu District, HCM City (HM: HCM), related to the proposal to recover VND 514 billion at Tan Thang Residential and Sports Complex project of Gamuda Land.

Tan Thang Residential and Sports Complex project in Tan Phu District, HCM City of Gamuda Land.

Prior to the report, May 7/2016, Deputy Prime Minister Truong Hoa Binh delivered the government inspector, in collaboration with the Ministry of Resources and Environment, HCM City People's Committee examined, considering the accusations of Ms. Pham Thi Kim Loan related to the misconduct in the implementation of the project of Tan Thang Sports and residential complex.

On the basis of verification, the Government Inspector determines the HCM city People's committee to deduct pre-compensation, land support for the amount of VND 514 billion in land use payable for internal road traffic area. , the land of Green Park and water surface area at the project is not consistent with the provisions of indemnification, support and resettlement when the state recovered land.

Consequently, the Government inspector has petited the prime Minister to consider, the decision to recover 514 billion VND in relation to the deduction of compensation, support and clearance at Tan Thang Residential and Sports Complex project by the company Sai Gon Commercial Real estate investment joint stock company is the investor (the latter is the corporation of Gamuda Land). Then the Prime Minister has made the direction of collecting the wrong amount of money on Gamuda Land.

However, the company Gamuda Land then had a complaint to the Prime Minister. Deputy Prime Minister Zhang Peace (May 9/2018) has directed and delivered the Government Inspector, in collaboration with the Ministry of Finance, HCM City People's Committee to examine and review Gamuda Land's petition.

According to the results of the test, review, at the new report sent to the Prime Minister, the government inspector said that the investment in construction, management and development of the sports complex and Tan Thang Residential is carried out under the new urban regulations issued under Decree No. 02/2006/ND-CP; The investor is obliged to invest in the construction of the system of technical infrastructure to ensure the synchronization with the surrounding infrastructure system, in accordance with the progress of the new urban area project as specified in Decree 02.

On the other, the HCM City People's Committee has two decisions, 5857 and 5081, which is the investment of public works with no business purpose under the responsibility of the investor.

According to the government inspector, the Ho Chi Minh City People's committee issued the decision No. 5081 to adjust the decision No. 5857, which adjusted the form of land use from land to rent to land for the entire area of 820.101, 4m2, of which land leasing does not collect land for rent for 349.515 m2 Land transport, green plants, water surface (public land without business purpose) is not suitable regulation.

The Government inspector also said that Ho Chi MINH City People's committee allowed Tan Thang Company (the first investor of the project, but later sold the majority of shares for Gamuda Land – PV) from 514 billion in compensation, land support for land use must be Submitted for road area, Green Park land and water surface area, is not consistent with the provisions of Decree 197 on compensation, support and resettlement when the state recovered land.

At the report, government inspections indicate, the finance department of HCMC said that the investor of this project is Tan Thang Company with the capital contribution of Gamuda Land SDN BHD of Malaysia (accounting for 60% of the Charter capital first registered , now accounted for 98% of Charter Capital) and this project implemented the policy of compensation, support and resettlement in Decree 197, so the repayment of compensation, support to the investor is in accordance with Decree 197 , is not suitable.

Because at the time of Gamuda Land SDN BHD was transferred 60% of the common shares of Tan Thang Company from Sacomreal (this is TTC Land) and was Department of Planning and Investment Tp. HCM provides adjustment of business registration certificate Times 3 (day 24/3/2010), compensation of clearance of the project has been done; Gamuda Land does not directly pay for compensation, assistance and resettlement; Therefore, Decree 197 (Point C clause 1, Article 3) Regulations: foreign organizations and individuals, Vietnamese residents overseas to invest in Vietnam are not required to pay compensation, support and resettlement; In case of payment, the amount spent on land use or land rent must be paid to reimburcate the compensation costs, land support for Tan Thang Company is.

From the results of the examination, review, government inspectors continue to petition the Prime Minister to direct the chairman of the HCMC People's Committee to recover from the state budget the amount of 514 billion which previously allowed the city's PEOPLE to Tan Thang Company deducted Land use must be paid in respect of road area, Green Park land and water area.

Lan Ca